California Labor Law – Is Your Rest Break Policy Up to Date?

Many California employers may not be aware that the law regarding rest breaks for employees has changed. Employees are no longer required to remain on premises during rest breaks, the breaks cannot be interrupted, and employees can’t be “on-call” during rest breaks.

Generally, employees working between 3.5 and 6 hours are entitled to one 10-minute rest break, with two 10-minute rest breaks for shifts of 6 – 8 hours. Employees working fewer than 3.5 hours are not entitled to a paid rest break. What’s key is ensuring that employees are completely relieved of work during these rest breaks, and can choose to do whatever they like during the break. This includes leaving the workplace, as long as they return to their work station prior to the end of the rest break. Additionally, workers cannot be expected to be “on call” during a rest break or expected to answer their cell phone, as this means they are not fully relieved of their duties.

Laws pertaining to these issues can be complex and confusing. Contact Freeland Law APC for a free 30-minute consultation with Michael Freeland, experienced employment lawyer serving San Diego, California. Michael Freeland has been practicing law for more than 27 years and specializes in employment law matters.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.